Overview
Simpson County is located in Kentucky with a population of approximately 20,604. The Simpson County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Kentucky probate is governed by Kentucky Revised Statutes (KRS) Chapters 394-395. The process begins with filing a Petition for Probate of Will and Appointment of Executor (Form AOC-805) or Petition for Appointment of Administrator (Form AOC-805) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Kentucky offers a simplified process known as a Petition to Dispense with Administration (Form AOC-830) for estates valued at $30,000 or less, provided the assets pass to a surviving spouse or children, or if the assets are used to pay preferred claims (like funeral expenses).
Kentucky law sets a maximum statutory fee for attorneys and executors, generally capped at 5% of the personal estate value plus 5% of the income collected, though this can vary by complexity and local custom.
This guide provides an informational overview of the Simpson County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Simpson County Circuit Court Clerk
Probate matters in Simpson County are handled at the Simpson County Justice Center.
Address: 101 North Court Street, Franklin, KY 42134
Phone: (270) 586-4241 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Court Clerk's office manages filings for the District Court, which presides over probate cases. The office is located in downtown Franklin.
Parking and Access
Street parking is available around the courthouse square. The building is accessible to the public during business hours with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: If the estate is valued at $30,000 or less and involves a surviving spouse/children or preferred claims, you may file Form AOC-830 to avoid full administration.
- Survivorship Assets: Assets held in joint tenancy with right of survivorship pass automatically to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (Form AOC-805) with the Simpson County Circuit Court Clerk. Include:
- Completed Form AOC-805
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically around $55-$85)
- List of heirs and beneficiaries (Form AOC-806 may be required)
E-filing is available for attorneys in Kentucky, but pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Simpson County (typically the Franklin Favorite) to alert creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Fiduciary bond may be required unless waived by the will.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Kentucky has a 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days (Form AOC-841)
- Pay valid creditor claims and funeral expenses
- File federal and state tax returns (including KY inheritance tax if applicable)
- Distribute assets to beneficiaries
- File a Final Settlement (Form AOC-846) to close the estate
Local Requirements
Simpson County-Specific Procedures
- Fiduciary Bond: A bond is generally required for administrators and executors unless the will explicitly waives it or all beneficiaries agree to waive it.
- Local Court Rules: Simpson County is part of the 49th Judicial Circuit; check local rules for specific hearing schedules.
- Publication: Notice to creditors must be published in the Franklin Favorite. The clerk often assists with coordinating this publication upon appointment.
Always check with the Circuit Court Clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Simpson County)
- Petition for Probate (AOC-805): approximately $55-$85 (varies by recording pages)
- Petition to Dispense with Administration (AOC-830): approximately $40-$60
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Recording fees: Varies based on document length
Kentucky law allows executors to charge a fee not to exceed 5% of the value of the personal estate plus 5% of the income collected.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (Dispense with Administration): 1-2 months
- Average estates: 6-9 months (due to 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is the primary factor affecting the timeline for formal administration.
Local Resources
Simpson County Court Resources
- Court Website: kycourts.gov
- Probate Self-Help: Kentucky Courts Civil Legal Aid
- Kentucky Probate Forms: AOC Legal Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Kentucky Legal Aid: (270) 782-1924 — Serving South Central Kentucky
- Simpson County Attorney: (270) 586-3131
Publication
- Franklin Favorite: (270) 586-4481 — Newspaper of general circulation